FRANK MAIO GENERAL CONTRACTOR v. CONSOL. ELEC. SUP.

No. 83-2335.

452 So.2d 1092 (1984)

FRANK MAIO GENERAL CONTRACTOR, INC., a Florida Corporation, and St. Paul Fire and Marine Insurance Company, a Foreign Corporation, Appellants, v. CONSOLIDATED ELECTRIC SUPPLY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

July 11, 1984.


Attorney(s) appearing for the Case

Howard Todd Jaffe of Kaplan, Jaffe & Gates, P.A., Hollywood, for appellants.

Donald F. Wright of Wright, Fulford & Winslow, Orlando, for appellee.


HERSEY, Judge.

Appellant, general contractor, appeals from a judgment rendered in favor of appellee, material supplier, entered despite execution by appellee of partial waivers and an ultimate Final Release that clearly and unambiguously acknowledged prior payment in full. This was error. The unambiguous terms of a release may not be avoided on the basis of unilateral mistake (such as where the lienor intends it to apply only to indebtedness accrued between certain...

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